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Townhomes Ph 2-CS140523 *1/4 ' PMi HILADELPHIA INSURANCE COMPANIES MAINTENANCE BOND Bond No: PB00317400059-M KNOW ALL PERSONS BY THESE PRESENTS, That we, RKM Utility Services,Inc. as Principal, and PHILADELPHIA INDEMNITY INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Pennsylvania and duly license to conduct surety business in the State of Texas,as Surety, are held and firmly bound unto City of Coppell,TX as Obligee, in the sum of Four Hundred Fourteen Thousand Sixty Seven and 01/100 ($414,067.01 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS,the above named Principal entered into an agreement or agreements with said Obligee to: Main Street Coppell Phase 2 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of 2 year(s)following final acceptance of said improvements: NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of 2 year(s) from and after acceptance of said improvements by Obligee,then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the Surety is hereto affixed and attested by its authorized Attorney-in-Fact this 23rd day of May ,20 14 RKM Utility Services,Inc. By: Principal (Seal) PHILADELPHIA INDEMNITY INSURANCE COMPANY By: Brett A.Tisdale Attorney in Fact(Seal) Authorized Representative(Name&Title) By: Signature of Authorized Representative N. It 618 PHILADELPHIA INDEMNITY INSURANCE COMPANY ti One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint:Edward G.Britt,Jr.,David G.Miclette,David T.Miclette, Barry K.McCord,Robert C.Davis,Kristi Lovett,Ashley Britt Russell,Joni Bowen,Heather Noles,Brett A.Tisdale,and Rita G.Gulizo of Bowen,Miclette& Britt Insurance Agency,LLC of Houston,Texas. Its true and lawful Attorney(s)in fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed 525.000.000, This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the l"day of July,2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1)Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7TH DAY OF FEBRUARY 2013. 9 tNIt).,4 tP (Seal) '•.,,,,,w Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 7'h day of February 2013,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. NOTARIAL SEAL DANIELLE Aleon PORATN,Notary Pubic !OM42C- lacererMacon T ...Montgom County Caraision Muds 201 Notary Public: residing at: Bala Cynwyd.PA (Notary Seal) My commission expires: March 22,2016 I,Craig P.Keller,Executive Vice President,Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, n In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 4747� fL� fj day of $ 47 ,20 I i 4.:10°, """''y'rG Craig P.Keller,Executive Vice President,Chief Financial Officer&Secretary a 4. c% PHILADELPHIA INDEMNITY INSURANCE COMPANY .., • 1: A` i IMPORTANT NOTICE ADVISO IMPORTANTE To obtain information or make a complaint: You may Para obener informacion o para someter una queja: call the Surety's toll free telephone number for Usted puede Ilamar al numero de telefono gratis de information or to make a complaint at: para informacion o para someter una queja al: 1-877-438-7459 1-877-438-7459 You may also write Philadelphia Indemnity Insurance Usted tanbien puede escribir a Philadelphia Company at: Indemnity Insurance Company: One Bala Plaza, Suite 100 One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Attention: Senior Vice President and Director of Surety Director of Surety You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de to obtain information on companies, coverage, rights Seguros de Texas para obtener informacion acerca or complaints at: de companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Department()de Seguros de Texas: at: P.O. Box 149104 P.O. Box 149104 Austin,TX 78714-9104 Austin, TX 78714-9104 Fax#512-475-1771 Fax#512-475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us Email: ConsumerProtection(a�tdi.state.tx.us Email: ConsumerProtection(a tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si a dispute concerning your premium or about a claim, tiene una disputa concerniente a su prima o a un you should contact the Surety first. If the dispute is reclamo, debe comunicarse con el Surety primero. Si not resolved, you may contact the Texas Department no se resuelve la disputa, puede entonces of Insurance. comunicarrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR BOND: This UNA ESTE AVISO A SU FIANZA DE GARANTIA: notice is for information only and does not become a Este aviso es solo para proposito de informacion y part or condition of the attached document. no se convierte en parte o condicion del documento adj u nto.